The bill amends Section 37-2-13.1 of the General Laws in Chapter 37-2 entitled "State Purchases" to refine the rules regarding procurement regulations and requests for proposals (RFPs). It specifies that an RFP cannot be changed to a master-price agreement unless the RFP is canceled and reissued as such. It also introduces new restrictions on who may bid on an RFP, prohibiting any vendor, parent corporation, subsidiary, affiliate, or subcontractor of any state vendor from bidding if they have a conflict of interest as defined in chapter 14 of title 36 or if they materially participated in or were consulted about the RFP, except in situations outlined in a new subsection (f). The bill also adds that no entity acting as an operator or vendor for the state may participate in an RFP related to the audit or evaluation of their own work for the state.
The bill further stipulates that entities certified as “sole source” providers are exempt from these new bidding restrictions. It requires a written certification from those submitting proposals, attesting under penalty of perjury that they have complied with the terms or are exempt. New exemptions are added for requests for information, emergency procurements, feasibility studies, and preliminary evaluations under certain conditions, and it mandates the public disclosure of any final feasibility studies or evaluation reports in subsequent procurements. The bill also emphasizes the importance of giving all potential suppliers a fair opportunity to present their capabilities and products. The act would take effect upon passage and aims to prevent conflicts of interest in state procurement processes.
Statutes affected: 3139: 37-2-13.1